STATE v. ROGERS

(CC 88-355, 88-356, 88-357, 88-358, 88-359, 88-360; SC S41392)

4 P.3d 1261 (2000)

330 Or. 282

STATE of Oregon, Respondent, v. Dayton Leroy ROGERS, Appellant.

Supreme Court of Oregon.

Decided May 4, 2000.


Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the briefs was Sally L. Avera, Public Defender, Salem.

Janet Metcalf, Assistant Attorney General, Salem, argued the cause for respondent. With her on the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General. Robert B. Rocklin, Assistant Attorney General, Salem, filed a supplemental brief for respondent.

Before CARSON, Chief Justice, GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.


DURHAM, J.

Defendant appeals from a judgment that imposed a sentence of death following his conviction on 13 counts of aggravated murder. The judgment is subject to automatic review in this court. Former ORS 163.150(1)(g), repealed by Or. Laws 1999, ch. 1055, § 1.1 For the reasons that follow, we vacate the sentence of death and remand this case to the circuit court for further...

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